A teenage girl who became the victim of a crime for having sex with an adult male planned to ask a judge for leniency to the defendant during the his sentencing.

Moments prior to sentencing, the victim, now 16, was told by prosecutors that explicit pictures sent to David Wagner, 23,  through text messaging had ended up on the Internet, according to court records. In a statement made to Judge Patrick Luster, the teen said the photos were sent at the request of the defendant.

“Before I was going to ask that he (Wagner) not get any jail time, but now I am not sure what I want,” the victim told Luster.

The Thermopiles, Wyo., man was sentenced June 23 to 30 days in Boundary County Jail.

Wagner was originally charged with rape in connection with the Oct. 28, 2008, incident. He later pled guilty to an amended charge of felony injury to a child in a plea deal with prosecutors.

The teen had told prosecutors that the sex was consensual and Wagner did not force himself upon her.

When Luster sentenced Wagner he explained that under the law anyone under 18 is not of mature mind to consent to having sex with an adult. 

“Our society thinks that there is a difference between statutory rape and rape, and really there isn’t,” said Luster. “Rape is rape in this state and it is a sex crime that basically involves the lack of consent. Under the law a person under the age of 18 is incapable of rendering consent.”